FOURTH SCHEDULE TO ARBITRATION ACT: SUPREME COURT TO SETTLE THE CONUNDRUM IN ESSE
I Introduction: Alternative Dispute Resolution mechanism (commonly known as ADR mechanism”) has prevailed in India since its medieval period. While the panchayat system i.e., a form of ADR mechanism, was predominant in the country for being cheap and easily accessible with liberal procedural laws, the hierarchy of court system propounded by the Britishers has changed …
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Unconstitutionality of Section 3(2) of the Benami Transactions (Prohibition) Act 1988
It is a well settled principle of law that any enactment which substantially affects the rights of people cannot be applied retrospectively. This was upheld by the Hon’ble Supreme Court in the case of Union of India v. Ganpati Dealcom Pvt. Ltd., CIVIL APPEAL No. 5783 of 2022, decided on 23.08.2022, wherein it was declared that Section 3(2) and Section …
FOURTH SCHEDULE TO ARBITRATION ACT: SUPREME COURT TO SETTLE THE CONUNDRUM IN ESSE
Alternative Dispute Resolution mechanism (commonly known as ADR mechanism”) has prevailed in India since its medieval period. While the panchayat system i.e., a form of ADR mechanism, was predominant in the country for being cheap and easily accessible with liberal procedural laws, the hierarchy of court system propounded by the Britishers has changed the landscape …
Continue reading “FOURTH SCHEDULE TO ARBITRATION ACT: SUPREME COURT TO SETTLE THE CONUNDRUM IN ESSE”
AN INSIGHT INTO PROPOSED REGULATORY REGIME ON VIRTUAL ONLINE SPORTS IN RAJASTHAN
Authored by – Mr. Rishi Anand, Partner; Mr. Chirag Jain, Principal Associate and Ms. Shruti Agrawal, Associate
CERT-IN ISSUES DIRECTIONS AND CLARIFICATIONS RELATING TO CYBER SECURITY PRACTICES
Authored by – Mr. Rishi Anand, Partner; Mr. Nakul Batra, Associate Partner and Mr. Kunal Garg, Associate.
Covid-19 and The Changing Landscape of Deal Making
It has been nearly 18 months since the onset of the pandemic and the world has already experienced far reaching implications of Covid-19. While the impact of Covid-19 has affected every country, every sector and every business, the impact has been rather brutal on some countries and especially on some sectors and businesses. For e.g. …
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Delicate Balance of Doing Complete Justice- Supreme Court’s Judgment in NHAI v. M. Hakeem
Introduction The Supreme Court of India has passed a judgment in a batch of over 50 appeals on the question as to whether the Courts are empowered to modify an arbitral award under Section 34 of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) when they are adjudicating an application for setting aside an award …
Viewers and Influencers Beware
Some of us may have noticed little tags “partnership”, “sponsored”, “advertisement”, “collaboration” with the posts of our favourite social media influencers. This addition is due to the new Advertising Standards Council of India (ASCI) Guidelines for Influencer Advertising in Digital Media. Ever since the world got engulfed in the Covid-19 pandemic, the manner of buying …
Enforcement of Emergency Award Passed in a Domestic Arbitration in India
In the case of Amazon.com NV Investment Holdings LLC v. Future Retail Limited & Ors.[1], the Supreme Court of India has decided 2 important questions of law with regard to enforcement of an emergency award by courts in India viz.,
Commercialising Copyright: NFTs – Does Popularity Mitigate Legal Risks
Background Introduction to NFTs One of the latest trends being built on the blockchain ecosystem are non-fungible tokens (“NFTs”). NFT is a digital token or a certificate having the following broad characteristics: